Americans enjoy seven fewer hours of leisure time per week than workers in Norway or Germany. After decades of struggle and pro-employee advocacy, Congress enacted a 40-hour default work week by requiring employers to pay time and a half for hours worked in excess of 40 hours. Yet some employers continue to demand that their employees work more than 40 hours without receiving overtime pay. One justification many of them raise is that salaried managers or professionals do not need overtime pay.
The courts in New York and around the country are beginning to look very suspiciously on these exemptions from the 40 hour week for alleged managers and professionals. In cases involving Home Depot, Duane Reade, Rite Aid, and various restaurants, federal judges in Brooklyn and Long Island have ruled that any exceptions to the 40 hour week are narrow and the burden is on the employer. This is because both federal and New York overtime wage laws are meant to protect employees and increase their take-home pay.

Just because an employer refers to a worker as a “manager” doesn’t make it so. The courts have ruled that whether a worker actually performs managerial or sales/customer service tasks are a key factor in determining an employee’s exemption status. Where an employer like a chain restaurant or retailer controls the activities of a worker regardless of location and “manager” title, the worker will typically be entitled to overtime, and may have a cause of action for double the amount of the unpaid overtime wages, including “off-the-clock” work and working meals.

Leeds Morelli & Brown, PC is a nationally recognized firm in the area of employment law. Our firm has had considerable success in matters of employment discrimination throughout Long Island and the New York City area. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

The firm recovered approximately $19 million dollars on behalf of a group of mostly Asian condominium owners in a breach of contract case against a construction company and prominent bank in Flushing, Queens.

A federal jury awarded our client, a gay corrections officer, $1.55 million in damages, finding that officers at the Nassau County jail discriminated against him.

TESTIMONIALS

I would like to take this time to offer my sincere thanks to the phenomenal team at Leeds Brown Law in Carle Place, Long Island, New York in quickly resolving my sexual harassment case. I would especially like to express my gratitude and extreme appreciation to Jeffrey Brown [and] Lenard Leeds … for all of their hard work, genuine integrity, dedication and time spent on my case, as well as determined focus and intellectual and ethical genius that promptly made my case come to an end.

H.W.C.

I am a single mother of three, a victim of sexual harassment and dismissal from my employer…. Leeds Brown Law provided outstanding representation in settling my claim. Jeff Brown made me feel comfortable right away and was clear about my rights…. I am very pleased with the end result and would highly recommend Jeff Brown as an attorney.

M.K.

Leeds Brown did a tremendous job in successfully representing myself and my business in a very complicated federal case… multiple big law firms who all told me that I was facing personal exposure of at least 10 million dollars… without them my victory would have been impossible. I am forever grateful to Leeds Brown Law for putting a horrible nightmare behind me… The firm produced an outstanding result that I will never forget.

Mike Saporito

As a former New York Giant linebacker, I appreciate toughness, undivided loyalty and passion. That is why I am giving Jeffrey Brown and his winning team at Leeds Brown Law the highest recommendation possible. I am convinced that no other law firm could have produced the same home run result…

Jessie Armstead

Former NY GIANT LINEBACKER

I highly recommend the legal services of Leeds Brown Law, and partner Jeffrey K. Brown. They achieve successful outcomes by leveraging their legal knowledge with a vast network of technical resources and professional support. What sets this firm apart is their intuitive negotiating skills and ability to care for the well being of their clients. Jeffrey Brown has delivered outstanding results on my behalf toward reaching settlement with a large multinational corporation. His personal approach and professional demeanor is unique among his peers. I have high regard for his abilities and have since referred many clients to his firm.

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